Colorado statute

C.R.S. § 18-7-102 — Obscenity.

Current through 2025 Regular Session

Part of Part 1: OBSCENITY - OFFENSES, Colorado Revised Statutes.

Criminal charges under this statute

Obscenity

Full text of C.R.S. § 18-7-102

Statutory text current through the 2025 Regular Session. This is an officially sanctioned publication using the official text of the Colorado Revised Statutes; it is not the official statutes of the State of Colorado.

C.R.S. § 18-7-102Primary source, current through the 2025 Regular Session

(1) (a) Except as otherwise provided in subsection (1.5) of this section, a person commits wholesale promotion of obscenity if, knowing its content and character, such person wholesale promotes or possesses with intent to wholesale promote any obscene material. (b) Wholesale promotion of obscenity is a class 1 misdemeanor. (1.5) (a) A person commits wholesale promotion of obscenity to a minor if, knowing its content and character, such person wholesale promotes to a minor or possesses with intent to wholesale promote to a minor any obscene material. (b) Wholesale promotion of obscenity to a minor is a class 6 felony. (2) (a) Except as otherwise provided in subsection (2.5) of this section, a person commits promotion of obscenity if, knowing its content and character, such person: (I) Promotes or possesses with intent to promote any obscene material; or (II) Produces, presents, or directs an obscene performance or participates in a portion thereof that is obscene or that contributes to its obscenity. (b) Promotion of obscenity is a class 2 misdemeanor. (2.5) (a) A person commits promotion of obscenity to a minor if, knowing its content and character, such person: (I) Promotes to a minor or possesses with intent to promote to a minor any obscene material; or (II) Produces, presents, or directs an obscene performance involving a minor or participates in a portion thereof that is obscene or that contributes to its obscenity. (b) Promotion of obscenity to a minor is a class 6 felony. (3) Repealed. (4) A person who possesses six or more identical obscene materials is presumed to possess them with intent to promote the same. (5) This section does not apply to a person who possesses or distributes obscene material or participates in conduct otherwise proscribed by this section when the possession, participation, or conduct occurs in the course of law enforcement activities. (6) This section does not apply to a person's conduct otherwise proscribed by this section which occurs in that person's residence as long as that person does not engage in the wholesale promotion or promotion of obscene material in his residence.

Official sources

Legal terms used in this section

Questions this section answers

Is obscenity a felony or a misdemeanor in Colorado?

It depends on the circumstances: obscenity ranges from a class 2 misdemeanor to a class 6 felony in Colorado under C.R.S. § 18-7-102.

Wholesale promotion of obscenity: class 1 misdemeanor (C.R.S. § 18-7-102(1)(b)) · Wholesale promotion of obscenity to a minor: class 6 felony (C.R.S. § 18-7-102(1.5)(b)) · Promotion of obscenity: class 2 misdemeanor (C.R.S. § 18-7-102(2)(b)) · Promotion of obscenity to a minor: class 6 felony (C.R.S. § 18-7-102(2.5)(b))

Which Colorado statute covers obscenity?

Obscenity is governed by C.R.S. § 18-7-102 (Obscenity).

This reference is informational and is not legal advice.